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BIOVELOCITY TERMS OF USE: UPDATED DECEMBER 2004
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1. This is an agreement between you and Biovelocity.
This agreement ("Agreement") states the terms and conditions under which you may use this site ("Biovelocity"), which is the property of The Stiller Centre for Biotechnology Commercialization (also referred to as "Biovelocity"). Your use of Biovelocity constitutes acceptance of these terms and conditions.
2. How Biovelocity may modify this agreement
Biovelocity reserves the right to change the terms, conditions, and notices under which it offers the Biovelocity web site, including any charges associated with the use of Biovelocity. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on Biovelocity. Your continued use of Biovelocity after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. No unlawful or harmful use of the Biovelocity.NET web site.
Biovelocity is for your personal use. You will not use Biovelocity in any way that is unlawful, or harms Biovelocity, its users, or any customer of Biovelocity, as determined in Biovelocity's sole discretion. Biovelocity may tell you about certain specific harmful uses in a code of conduct or other notices, but has no obligation to do so. You may not use Biovelocity in any way that breaches any code of conduct, policy or other notice applicable to Biovelocity. Without limiting the generality of this section, you may not use Biovelocity in any manner that could damage, disable, overburden, impair Biovelocity or interfere with any other party's use and enjoyment of Biovelocity, or for any improper or illegal activities such as spamming, unsolicited bulk e-mail, virus transmission, or denial of service attacks, or the posting or transmission of any material that is inaccurate, obscene, indecent, threatening, offensive, defamatory, or tortuous. In addition, you will not make unsolicited telephone calls or faxes to other users of Biovelocity that are inconsistent with the purposes of Biovelocity. Any violation of this section may result in a temporary or permanent ban from Biovelocity at Biovelocity¿s sole discretion.
4. Materials you post or provide
For materials you post or otherwise provide to a public area of Biovelocity, including the Public News, Events, Discussions, Library, Intellectual Property Listing, Fund Listing, Contact Information, Company Information, or Community Information (collectively a "Submission"), you grant Biovelocity permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with Biovelocity, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Biovelocity will not pay you for your Submission. Biovelocity may remove your Submission at any time at its discretion. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. Biovelocity is not responsible for any information you publicly disclose (or by any Biovelocity user with which you share information), inadvertently or otherwise, that you intended to keep private. If you find material on Biovelocity that you have rights to, and you would prefer not to be published, please advise us immediately.
5. Information available from Biovelocity
Biovelocity does not warrant or guarantee the accuracy or timeliness of any information available from Biovelocity. Biovelocity does not authorize the use of information available from Biovelocity for any purpose other than your personal use, and prohibits to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Biovelocity does not endorse or recommend any particular product or service. Nothing contained in Biovelocity is intended to constitute professional advice. Any third party sites that are linked to this site are not under Biovelocity¿s control. Biovelocity is not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. Biovelocity provides links as a convenience only and such links do not imply any endorsement by Biovelocity of those sites.
6. Biovelocity makes no warranty
BIOVELOCITY PROVIDES THE BIOVELOCITY.NET WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIOVELOCITY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. BIOVELOCITY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE BIOVELOCITY.NET WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
7. Liability Limitation; Your exclusive remedy
N NO EVENT IS BIOVELOCITY LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE BIOVELOCITY.NET WEB SITE OR YOUR USE OF ANY INFORMATION OR SERVICES ARISING FROM ITS USE, EVEN IF BIOVELOCITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OPERATION OF LAW, OR ANY OTHER LEGAL THEORY, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH BIOVELOCITY, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST BIOVELOCITY WITH RESPECT TO THIS AGREEMENT OR THE BIOVELOCITY WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING BIOVELOCITY. YOU ACKNOWLEDGE THAT BIOVELOCITY HAS SET ITS PRICES AND CREATED THIS SITE IN RELIANCE ON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM A FUNDAMENTAL AND ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THEY SHALL APPLY EVEN IF THE CONTRACT BETWEEN YOU AND BIOVELOCITY IS FOUND TO HAVE FAILED IN ITS FUNDAMENTAL OR ESSENTIAL PURPOSE OR HAS BEEN FUNDAMENTALLY BREACHED.
8. Changes to Biovelocity; Additional Liability Limitation
While Biovelocity uses reasonable efforts to maintain this site in an up-to-date fashion, it does not warrant the completeness, timeliness or accuracy of any information contained on this site. Nor does it monitor all material placed on the site by Biovelocity users. BIOVELOCITY MAY CHANGE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use Biovelocity, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Biovelocity and persons other than Biovelocity (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 6 AND 7, YOU ACKNOWLEDGE AND AGREE THAT BIOVELOCITY IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 6 AND 7, YOU ACKNOWLEDGE AND AGREE THAT BIOVELOCITY IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF BIOVELOCITY, (2) ANY INCOMPATIBILITY BETWEEN THE BIOVELOCITY WEB SITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH BIOVELOCITY IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH INFORMATION OR LINKS CONTAINED ON BIOVELOCITY.
9. Termination; Access Restriction
Biovelocity may terminate this Agreement, or terminate or suspend your access to the Biovelocity web site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Biovelocity web site will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE BIOVELOCITY.NET WEB SITE MAY NOT BE RETRIEVED LATER.
10. Choice of law and location for resolving disputes
This site is governed by the laws of the Province of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against Biovelocity shall take place in the courts of the Province of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario.
11. Interpreting the agreement; Assignment
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Biovelocity may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Biovelocity web site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Biovelocity with respect to the Biovelocity web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Biovelocity with respect to the Biovelocity web Site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
12. You have a limited time to bring your claim
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BIOVELOCITY WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. Copyright and Trademark notices; Other acknowledgements
Biovelocity, Biovelocity.NET, Biovelocity logo, and/or other Biovelocity products and services referenced herein are trade-marks of Biovelocity. The names of actual companies and products mentioned herein may be the trade-marks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
The Biovelocity Privacy Policy [link] is hereby incorporated by reference.
Biovelocity may be contacted at: 700 Collip Circle, London, Ontario, Canada N6G 4X8. ??@biovelocity.net
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